Do I have a right to this piece of land?

[Larry E]

What is the name of your state?What is the name of your state? Illinois I purchased my home 19 years ago. My neighbor directly to the south purchased her home 20 years ago. Before either of us purchased our homes, the owner of my home and the owner of the home next door agreed to cede about 6 to 10 inches of land in the back for gardening purposes. This small space runs for about 30 feet. My neighbor who is an elderly lady has suddenly decided that I'm stealing this land from her and is constantly threatening to call the police on me. We used to get along fine and I used to shovel her walks during the winter and whenever she would forget her keys she would come over and use my phone to call her son. Anyway, now she seems to have lost a few marbles and decided that I'm her enemy. My question is, do I have any legal right to that 6 to 8 inches since it was that way before either of us purchased our properties?

Thank you for any guidance.

Larry

 

[ENASNI]

And the Survey says?_____

and what the heck does this have to do with her Being Polish??

 

[JETX]

and what the heck does this have to do with her Being Polish??

Do you know why there aren't any spectator sports in Poland??
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Because no matter where you sit in the stadium, you're always behind a Pole!!

 

[Larry E]

Sorry, I didn't mean that to be a derrogatory statement. If the question can be answered without dragging me through the coals for my statement, please do so, if not, just say so.

 

[racer72]

Sorry, adverse possession does not apply in your case. Have the property line surveyed, put up a big fence on your side and live a happy life.

 

[Larry E]

Thanks for the information and just one more question please. After 20 years of continuous possession, it would apply, is that not correct?

Larry E

 

[divgradcurl]

Thanks for the information and just one more question please. After 20 years of continuous possession, it would apply, is that not correct?

Larry E

No, because the initial entry onto the land was not "adverse" to the true owner's rights -- you had permission to use that space. Permissive entry onto land NEVER gives rise to adverse possession.

However, now that you have been told to get off of the land, any re-entry onto the land WOULD be adverse, so you could potentially aderversly possess the land once you wait the approporiate statutory amount of time. But the time starts now, so you have to wait the 10 years or whatever starting from now.

 

[Larry E]

Thanks again for the information. And please forgive my possibly beating a dead horse here, but this was done long before either of us owned the properties. I'm just basing my statement on what another neighbor told me had happened. Since both parties are now deceased, I suppose we'll never really know the truth and you can understand that after 19 years, one doesn't like to be told they're stealing a piece of someone else's property.

Larry

 

[ms.magoo]

You're talkin inches here okay. So if it is bothering you so much, go an get a proper survey done on your property, stake it an then claim what is legally yours. Then........build yourself a fence on YOUR land an live happily ever after.

 

[Larry E]

Well, here I go again, sorry. I guess I failed to mention that it IS ALREADY fenced, so I guess I have to have it surveyed and the tell my neighbor to move the fence, right? Or if I'm the one encroaching on HER property, will I have to incure the expense of moving the fence? I'm just trying to do the right thing.

Larry

 

[ms.magoo]

Yes, if you are encroaching her property line, then you should move the fence to your side.

 

[Larry E]

Thank you very much for all your help. Unfortunately it's not what I wanted to hear, but at least I'll be doing the right thing.

Again, thanks to all.

Larry

 

[HomeGuru]

Doing the right thing is the right thing to do.